Homeowner Associations

Homeowner Association Dilemma Damage Caused by Water Leaks: Who is responsible?

February 29, 2020

1. The Problem In a normal condominium development, the most prevalent claims by owners against their association are those arising from water leaks. The typical allegation is that water entered through the roof, a broken pipe inside a wall, or a planter adjacent to a first floor unit, resulting in damage to the resident’s furnishings, […]

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Court Exonerates Board Member in Multi-Million Dollar Claim

January 16, 2019
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Kulik Gottesman Siegel & Ware LLP (“KGSW”) is pleased to announce that Thomas M. Ware II and Justin Nash successfully defended Erna Parth, a former homeowners’ association volunteer director and President, against a multi-million dollar damage breach of fiduciary duty claim brought against her by her own homeowners association.  After a 25 day bench trial, […]

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Homeowner Associations Have Very Broad Power to Exercise Architectural Control

November 17, 2017

One of the most important duties of any homeowner association is the exercise of architectural control.  The concept is sometimes hard for new owners to understand because they tend to think, “This is my property and I can do whatever I want with it.”  That is absolutely not the case in California – in fact, […]

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California Court of Appeal Rules On Whether a Homeowners Association is Required to Accept Partial Payments

October 17, 2014

On October 14, 2014, the Court of Appeal issued a published decision in the case Huntington Continental Townhouse Association, Inc. v. Joseph A. Miner (Court of Appeal Case No. G049624). The case addressed whether a homeowners association must accept partial payments to reduce delinquent assessments. The Court of Appeal held that under Civil Code section […]

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